4. Views expressed by the State under review on the
outcome and concluding remarks
231. Following the views expressed on the outcome of the review by representatives of States members of the Council, observers and stakeholders, Ecuador expressed its appreciation for the additional comments made by delegations and several non-governmental organizations. It noted that statements reflect the transparent, clear and decisive way in which Ecuador has submitted itself to the universal periodic review. It further noted that many of the recommendations put forward by non governmental organizations are already reflected in the national report and the 48 voluntary pledges and commitments introduced by Ecuador at the present meeting.
232. Ecuador indicated that it participated in the process with the objective of strengthening international mechanisms and expressed its satisfaction at the process and mechanism, an efficient form of multilateralism with the highest goal of human development, which is what countries like Ecuador aspire to as well. This means for Ecuador basically a firm commitment to the defence of human rights, transparency in its actions, a firm determination and resolution to bring about reform in its judiciary, especially in the new Constitution which is being drafted.
Ecuador considers the universal periodic review exercise a very valuable and important process. It noted that a number of State institutions and civil society representatives participated actively in the preparation of the national report and the voluntary commitments.
233. Ecuador considers that it is very important to carefully weight the experiences and lessons learned from the review. Measures should be adopted to prepare the reports with more lead time for the next review and to increase as much as possible the participation of the civil society. The Council and the Secretariat, in the areas of their complex responsibilities, should adopt measures and optimize resources to bring about a more effective contribution to the process. All actors, States, civil society and the United Nations system and the international community should preserve and take further drive the goals of the Universal Periodic Review process, so that it does not loose its raison d’être and that it continue to be respectful and constructive and participative mechanism to promote respect of human rights in the world.
Tunisia
234. The review of Tunisia was held on 8 April 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by Tunisia in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/1/TUN/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/1/TUN/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/1/TUN/3).
235. At its 13th and 14th meetings, on 9 June 2008, the Council considered and adopted the outcome of the review on Tunisia (see section C below).
236. The outcome of the review on Tunisia is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/21 and Corr.1), together with the views of Tunisia concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.
1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
237. Tunisia reiterated its full commitment to the universal periodic review mechanism, which would help to advance human rights issues throughout the world. Tunisia was determined to continue the efforts it had begun with seriousness and selflessness even before the institution of the universal periodic mechanism, an exercise in which it had participated from the outset as a founding member of the Council.
238. The best illustration of Tunisia’s commitment was to be found in the interview given by President Zine e-Abidine Ben Ali to the magazine Afrique Asie, which appeared in the May 2008 issue; in that interview, the President emphasized that Tunisia intended to take full advantage of the recommendations of the Human Rights Council in order to further promote human rights and strengthen cooperation with United Nations and regional organizations.
239. In its report to the Council’s Working Group on the Universal Periodic Review (A/HRC/26.6/1/TUN/1), Tunisia described some of the commitments it had undertaken to give new impetus to the protection and promotion of human rights. Since the submission of the country’s report, new measures had been taken to consolidate the effective enjoyment of human rights in daily life, including:
(a) The extending of an invitation to the Special Rapporteur on the promotion and protection of human rights while countering terrorism to visit Tunisia;
(b) The passage of a law on the national institution for the promotion and protection of human rights (the High Committee on Human Rights and Fundamental Freedoms) in accordance with the principles relating to the status of national institutions (the Paris Principles, General Assembly resolution 48/134, annex). This new legislative statute consolidates the High Committee’s administrative and financial autonomy and strengthens it operational capacity.
240. Tunisia drew attention to a number of steps it had taken to ensure more effective practical implementation of human rights in the country, including:
(a) The adoption of a law on Tunisia’s accession to the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
(b) The adoption of a law on Tunisia’s accession to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women;
(c) The adoption of an act withdrawing the reservations entered by Tunisia in the act ratifying of the Convention on the Rights of the Child;
(d) The adoption by the Council of Ministers of a bill aimed at strengthening jurisdictional guarantees during pretrial detention and at making conditions of automatic release and rehabilitation procedures more flexible;
(e) Submission of a periodic report on implementation of the International Convention on the Elimination of All Forms of Racial Discrimination;
(f) Submission of a periodic report on implementation of the Convention on the Rights of the Child;
(g) The visit to Tunisia of two Special Rapporteurs of the African Commission on Human and Peoples’ Rights, the Special Rapporteur on human rights defenders in Africa and the Special Rapporteur on the rights of women in Africa, from 25 to 30 June 2008;
(h) The holding of talks with the non-governmental organization Human Rights Watch with a view to concluding an agreement on visits to prisons, similar to the agreement concluded with the International Committee of the Red Cross;
(i) The establishment of an institution associated with the General Human Rights Coordinator responsible for follow-up to the recommendations of treaty bodies.
241. Tunisia recalled that the efforts of all stakeholders in the protection and promotion of human rights, which were of vital importance, would produce results only if they had their basis in constructive dialogue founded on universal values. Such an outcome clearly depended on the combined efforts of the public authorities, national institutions and civil society.
242. Strengthened by its choices as a modern society and by its accomplishments, Tunisia was firmly committed to the promotion and protection of all human rights. Tunisia was nevertheless aware that the progress attained thus far needed to be further consolidated on an ongoing basis.
243. Tunisia was thus proceeding calmly along that path, but it was far from complacent, for none of its achievements in that area was as yet permanent. In that connection, Tunisia recalled that the efforts of the State would continue to be aimed at enhancing the effectiveness of the protection and promotion of human rights in everyday life, and in particular towards the development of a culture and system of education of human rights and the humanistic and universal values that underlay them.
244. Tunisia noted that the international community was facing a number of real challenges and objectives related to the major threats posed by mounting racism, xenophobia, defamation of religions, extremism, intolerance and terrorism, worsening poverty and the prospect of famine. Tunisia stressed that it was imperative that the dialogue among cultures and civilizations should be strengthened as a vector of understanding and rapprochement. In that connection, Tunisia, a country characterized by openness and moderation, would spare no effort in promoting the values of dialogue and tolerance.
245. The World Solidarity Fund, established by the General Assembly in its resolution 57/265 at the initiative of Tunisia, was a mechanism that could effectively help to combat poverty and the food crisis. Tunisia called once again on the international community, through the Human Rights Council, to make international solidarity a fundamental value in order to tackle that crisis in all its magnitude. Tunisia said that the serious threats to human rights must be addressed as a matter of urgency. That effort was the responsibility of everyone. It was therefore time to give active expression to the international community’s solidarity.
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